Kaduna: TRADE UNION ACTIVITIES NOT UNDER POWERS OF STATE GOVERNMENT – Labour

“The Nigeria Labour Congress, Kaduna State Council wishes to bring to the notice of Kaduna State Government, esteemed members of all our affiliates, other Civil Servants and the general public the following observations;

“That, this policy is an act of interference with the internal affairs and

management of Trade unions, which violates the provisions of both

International and National Labour Laws, especially; International Labour

Organization (ILO) convention NO.87 of 1946 on freedom of association

and protection of the right to organize, and convention NO. 98 of 1949, on

right to organizing and collective bargaining, the duo conventions were

ratified and domesticated by Nigeria since 1963, and are in sections 17, 23,

24 and 25 of the trade Union Act, of 2005

Com Avib Moroii Cado

“That, Trade Union activities are under item 34, Part 1 of the second

schedule of the Exclusive Legislative list, and therefore are not under the

powers of State Government to streamline, thus any decision that negates the principles of collective bargaining or social dialogue is contestable in the court of Law.

“That even if the State Government is leaning on provisions of voluntarism

clause as contain in the same Trade Union Act of 2005, which is an

individual decision to be related to the trade union leadership, but NEVER a

State Government or its agent’s affairs.

“The provisions of Section 17 of the

trade unions Act 2005, is explicit and thus; The written consent of worker

who is a member of the trade union is not required by the employer to

deduct check-off dues, the law is that registration deemed, recognition is

automatic, and deduction of check-off dues is compulsory, based on mere

eligibility to be a member of the union.

“That, to cap it all section 40 of the 1999 constitution of the Federal Republic

of Nigeria as amended guaranteed freedom of association and membership

of trade union for the protection of the interest of workers.

“That, a recent judgment entered by Her Ladyship Honorable Justice O.A.

Obaseki-Osaghae, suite NO.NICN/ABJ/77/2021, between Kaduna State Government and NUT Kaduna state wing, delivered on the 2 December, 2021, at the National Industrial Court of Nigeria, Abuja Judicial Division, declared that the State Government lacks the constitutional/statutory vires

to interfere with the internal running and management of trade unions in

the state.

“Based on the above considerations, we wish to categorically reject the decision of the State Government, and we call on all Civil Servants in the state to resist any

attempt by the Government to deny us our constitutional rights by suffocating

unions through the subversion of rule of law.

We also wish to build the confidence of all workers that we have defeated the anti-labour elements that

 advocated for the administration of the same forms in 2016, we shall again do the same in 2022 and beyond, our collective resolute, freedom conscious resistance,

Overwhelming members solidarity shall see us through very soon the anti-

workers tendencies in our dear State

In conclusion, we wish to assure our members and the general public of our

untlinching support as social partners to the State Government in bringing more

socio-economic development to our dear state through robust industrial

relationship, and as social justice advocates, we shall not relent in our efforts to legally and logically contest any breach of our fundamental human right and in defending the interest of the working class in our beloved State.